Revisions to California’s sexual assault laws, including a revised statute of limitations, may help protect California students from assault and help others hold their abusers accountable.

What Are the California Sexual Assault Laws?

California’s sexual assault laws prohibit the unwanted sexual touching of another person’s intimate parts — genitalia, breasts, or buttocks. In California, sexual assault is also considered sexual battery. If the touching involves nonconsensual intercourse, sexual assault is considered rape (a forcible act of sexual penetration), which is charged as a separate crime, explains the Rape Abuse and Incest National Network (RAINN). Sexual abuse in school is additionally traumatic.

In California, there are two degrees of sexual battery — misdemeanor sexual battery and felony sexual battery, which in addition to criminal sentences may include fines based on the severity of the assault.

The punishment for sexual battery and rape depends on a number of factors, explains RAINN. These factors can include the use of weapons, force, threats, violence, or other methods of coercion. The punishment can also depend on the number of victims as well as the perpetrator’s relationship to the victim(s).

Like multiple other states around the country, California has recently changed its statute of limitations for filing sexual assault claims, giving victims more time to seek justice. Now, victims have until age 40, or five years after discovering their abuse (whichever is later) to file a civil lawsuit over allegations of sexual abuse. Previously, the law gave victims until age 26, or three years after discovering abuse, to file such claims.

Additionally, the state has also imposed a temporary look back window. This means that for the next three years, there will be no statute of limitations for bringing claims forward, explains Market Watch. Anyone whose sexual assault claims would otherwise have expired can bring lawsuits forward, regardless of how long ago the assault took place.

How Are California Students Being Educated?

A new California law requires California students to receive education about sexual assault, according to the Huffington Post. The news source explains that students in 7th through 12th grades will receive sexual assault education.

The program would reportedly address a number of issues, aiming to teach California students about healthy relationships, body image, and how sexual assault and sexual harassment occur. Initial iterations of the programs are underway.

The Huffington Post goes on to explain that another law also places teaching requirements on California schools. This law reportedly requires schools to implement curriculum around affirmative consent that includes informing California students that affirmative consent is necessary before a sexual encounter takes place. This program will be required in schools that already require students to take a health class to graduate. 

How Has the California Department of Education Responded?

Critics have worried that both the state and its schools are not doing enough to address sexual abuse. In 2013, the California Department of Education instructed California schools to complete a Title IX survey about the federal law that prohibits gender-based discrimination in education, per The Huffington Post.

However, the effort was reportedly unsuccessful, yielding very few survey responses. California legislators also made efforts to require California school districts to name a Title IX coordinator to address the districts’ compliance with the law and to report on its policies for making Title IX abuse complaints. These requirements are also set forth by the federal government, and California lawmakers are reportedly aiming to mimic them, according to The Huffington Post. 

Predatory Teacher Lasted Years at Redlands Unified

After about a decade of allegedly sexually abusing California students, special education and math teacher Kevin Patrick Kirkland lost his job, was arrested and convicted of the abuse, and cost the Redlands Unified School District millions of dollars, according to an article originally published in the San Bernardino Sun.

One of his alleged victims told the Sun that in August 2013, Kirkland started out as a concerned adult she felt she could trust. The young woman is now 20 years old, but said at the time, she was 15 and a freshman at Redlands High School. Her mother had been addicted to drugs and alcohol, leading the girl to be placed in an orphanage, where she was adopted. She struggled with fetal alcohol syndrome, dyslexia and physical health issues. A target of bullies, the girl was happy she could depend upon Kirkland.

The young woman, who remains anonymous, said it wasn’t long before she and Kirkland began having sexual encounters. She said that more than 100 times, they performed sexual activities until he was arrested in May 2016.

According to the Sun, Redlands Unified School District and Redlands High School had received several complaints about Kirkland years prior. In 2006 or 2007, suspicions regarding Kirkland’s behavior around female students caused students and parents to file complaints, and finally in 2012, Kirkland received disciplinary action in the form of a written reprimand and 45-day monitoring. These steps did not deter him.

Between 2016 and 2018, Redlands Unified paid $21.7 million in class action settlements regarding misconduct by Kirkland and two other alleged predatory teachers.

School Sexual Assault Lawsuits

Unfortunately, sexual assault and harassment are pervasive in schools and other institutions. The Huffington Post reports that seven secondary school districts in California are undergoing Title IX sexual violence investigations, including Berkeley United, Carlsbad Unified, Palo Alto Unified, Pasadena Unified, San Diego Unified, Santa Cruz City High and Val Verde Unified. And the Los Angeles Unified School District recently agreed to pay $25 million to settle misconduct cases.

Title IX (a federal civil rights law overseen by the U.S. Department of Education) can come into play in sexual abuse and assault cases, as sexual assault and abuse are related to, and sometimes motivated by, gender. Additionally, women are more likely to experience sexual assault than men. Sexual abuse can often be used as a form of intimidation and violence in a number of instances, including school settings.

When it was run by Betsy DeVos, the Department of Education made some controversial adjustments to Title IX that have been some cause for concern among victim advocates, lawmakers, and sexual assault survivors alike, who are concerned that the new regulations may actually prevent victims from coming forward for help and for justice.

Finding a Sexual Abuse Lawyer for California Students

Sexual assault and abuse is all too common an issue all over the world. Sexual abuse can take place anywhere, including in trusted institutions like schools, and can be committed by anyone, including teachers and other authority figures that children should be able to trust. More and more sexual assault survivors are coming forward with litigation over allegations of sexual assault, filed not just against their abusers, but also against the institutions, including schools, that failed to protect them from the abuse—or in some cases, even actively covered it up.

If your child has experienced sexual abuse in school, taking legal action may be an important recourse. Filing a lawsuit cannot take away the pain and suffering caused by sexual abuse, but it can help to provide financial compensation for your suffering. Filing a sexual abuse lawsuit can also help hold a perpetrator accountable for their actions, or can hold a school accountable for failing to take sufficient action to protect students.

Your family may have a legal claim under California law, federal law, or both—even if the abuse took place years or decades ago. Filing a lawsuit can be a daunting prospect, so Top Class actions has laid the groundwork for you by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This article is not legal advice. It is presented
for informational purposes only.